V IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) MONDAY, THE SIXTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 87 OF 2025 Between: S.Gopanna, S/o. S. Gangulu, Aged 42 years, Occ: Town Planning Supervisor, ZoneVIII, GVMC, Visakhapatnam Municipal Corporation, Visakhapatnam District. ...PETITIONER AND 1. The State of Andhra Pradesh, rep by its Principal Secretary, Municipal Administration & Urban Development Department Secretariat, Velagapudi, At Amaravathi, Guntur District. 2. The Director of Town & Country Planning, State of A.P., Mangalagiri, Guntur District. ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue an appropriate order or directions more particularly, one in the nature of WRIT OF MANDAMUS, declaring the action of the may respondents not considering the petitioner claim for promotion to the post of Town Planning Officer (TPO) without reference to the Charge Memo vide G.O.Rt.No.708 Municipal Administration and Urban Development (VIG.I) dated 26.10.2023 per G.O.Ms.No. 257 General Administration as Department, dated 10.06.1999 as highly illegal, arbitrary, unjust, discrimination, unconstitutional and violation of Articles 14 and 16 and 21 of the Constitution of India and contrary to the orders of this Hon’ble Court and consequentially direct the respondents to promote the petitioner as Town Planning Officer (TPO) without reference to the disciplinary proceedings against the petitioner with all consequential benefits. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents to consider the petitioner claim for promotion to the post of Town Planning Officer (TPO) in terms of G.O.Ms.No. 257 General Administration Department, dated 10.06.1999 pending disposal of the above Writ Petition. I' Counsel for the Petitioner: SRI T.S.N.SUDHAKAR Counsel for the Respondent Nos. 1 & 2: SRI S.RAJU, ASST.GP FOR SERVICES-IV The Court made the following: ORDER APHC010605492024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) 'IS [3331] ^ MONDAY, THE SIXTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 87/2025 Between: 1.S GOPANNA, S/0. S. GANGULU, AGED 42 YEARS, OCC TOWN PLANNING SUPERVISOR, ZONEVIII, GVMC, VISAKHAPATNAM MUNICIPAL CORPORATION, VISAKHAPATNAM DISTRICT. ...PETITIONER AND 1.THE STATE OF AP, REP BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT SECRETARIAT, VELAGAPUDI, AT AMARAVATHI, GUNTUR DISTRICT. 2.THE DIRECTOR OF TOWN AND COUNTRY PLANNING, STATE OF A.P., MANGALAGIRI. GUNTUR DISTRICT. ...RESPONDENT{S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to pleased to issue an appropriate order or particularly, one in the nature of Writ of Mandamus, declaring the action of the respondents not considering the petitioner claim for promotion to the post of Town Planning Officer (TPO) without reference to the Charge Memo vide G.O.Rt.No.708 Municipal Administration and Urban Development (VIG.I) dated 26.10.2023 as per Department, dated 10.06.1999 discrimination, unconstitutional and violation of Article 14 and 16 and 21 of the Constitution of India and contrary to the orders of this Honble Court and directions more G.O.Ms.No. 257 General Administration highly illegal, arbitrary, unjust as X 2 consequemially direct the respondents to promote the petitioner as Town Planning Officer (TPO) without reference to the disciplinary proceedings against the petitioner with all consequential benefits and pass lA NO: 1 OF 709^ in th circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to direct the respondents to consider the petitioner claim for promotion to the post of Town Planning Officer (TPO) in terms of G.O.Ms.No. 257 General Administration Department, dated of the above writ petition and Counsel for the Petitioner: 1.T S N SUDHAKAR Counsel for the Respondent{S): 1.GP FOR SERVICES IV The Court made the following: 10.06.1999 pending disposal pass :: ORDER :: The petitioner, Town Planning Supervisor, filed the above writ petition in post of Town Planning Officer memo vide G.O.R.T.No.708 Municipal Administration & Urban Development (Vig.l) Department (Ex.P.1), as illegal and arbitrary. not considering his case for promotion to the due to the pendency of charge dated 26.10.2023 2. Heard Sri T.S.N.Sudhakar, learned S.Raju, learned Assistant Government Pleader respondents 1 and 2. counsel for the petitioner and Sri for Services appearing for 3. A charge memo v/cfeG.O.R.T.No.708 Municipal Administration Development (Vig.l) Department, dated 26.10.2023 (Ex.P.1) was issued to the petitioner. The petitioner submitted 31.01.2024 (Ex.P.2). However, the & Urban a written defence/explanation inquiry officer was not appointed. on 3 4. At the hearing, learned counsel for the petitioner confined his arguments and urged to direct the respondents to consider the case of the petitioner for promotion in promotion in terms of G.O.Ms.No.257 General Administration (Ser.C) Department, dated 10.06.1999. Learned Assistant Government Pleader for Services did not refute the submission made by learned counsel for the petitioner. 5. Given the facts and circumstances of the case, without touching the merits of the matter, the Writ Petition is disposed of, at the stage of admission with the consent of both the learned counsel, directing the learned 2 respondent to consider the case of the petitioner for promotion strictly in terms of G.O.Ms.No.257 General Administration (Ser.C) Department, dated 10.06.1999, if the petitioner’s case is in the zone of consideration, whenever the DPC is conducted. There shall be no order as to costs. 6. nd Miscellaneous petitions pending, if any, shall stand closed. Sd/-K.SRINIVASA RAJU ASSISTANT^REGISTRAR fir ^ I SECTION OFFICER //TRUE COPY// To The Principal Secretary, Municipal Administration & Urban Development Department Secretariat, Velagapudi, Amaravathi, Guntur District. The Director of Town & Country Planning, State of A.P., Mangalagiri, Guntur District. (BY RPAD) One CC to Sri T.S.N.Sudhakar, Advocate [OPUC] Two CCs to GP for Services-IV, High Court of Andhra Pradesh. [OUT Three CD Copies. 1. 2. 3. 4. 5. gi HIGH COURT DATED: 06/01/2025 ORDER WP.No.87 of 2025 DISPOSING OF THE WRIT PETITION AT THE STAGE OF ADMISSION WITHOUT COSTS